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HomeMy WebLinkAbout1991-09-16-1000AM-SpecialBRAZOS COUNTY BRYAN. TEXAS AGENDA FILED 91 SEP 13 AM 8: 48 .'`•~+~i.~x.✓,.C CLERK DRAZ ©R UHTT C THOUSE 8Y Gw4. BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, SEPTEMBER 16, 1991, AT 10:00 A.M. IN THE COMMISSIONERS' COURT- ROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on the approval of the minutes of the meeting held on July 15, 1991. 4. Consider and take action on budget amendments. 5. Consider and take action on contract with Office of the Attorney General/Child Support Enforcement Division. 6. Consider and take action on the calling of a Public Hearing to set speed limits and load limits on various county roads. 7. Consider and take action on request from GTE Southwest, Inc. to install communication line in county right-of-way of McCulloch Road in Precinct 1. 8. Consider and take action on award of bids for the following and authorize the payment thereof: a. Annual Gasoline and Diesel Fuel Contract Bid No. 91-597B Road and Bridge Department b. Patrol Cars Bid No. 91-614 Sheriff's Department 9. Acknowledge receil 10. Consider and take 11. Consider and take 12. Executive Session 13. Consider and take 14. Adjourn. ?t of Treasurer's report. action on personnel change of status. action on payment of claims. to discuss personnel 6252-17(2)(g). action on Executive Session. 101 PAC E __-~?1 b i h r - _ COMMISSIONERS' COURT SPECIAL MEETING • SEPTEMBER 16, 1991 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Monday, September 16, 1991, with the following members of the Court present: R. J. Holmgreen, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. r~ • X a 3 The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Carol Palmer Admin. Asst. to County Judge Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office A. H. Winder County Engineer Barbara Johnson County Clerk's Office Joel Thomas KBTX-TV f Commissioner Sims gave the invocation and led the pledge of allegiance. The Court next considered approval of the minutes of the Commissioners' Court meeting held July 15, 1991. On motion by Commissioner Wilcox, seconded by Commissioner Sims, the Court 6 voted unanimously to approve the minutes as submitted. r C The Court next considered Budget Amendment #91-024, which s would reallocate funds budgeted for the 272nd District Court. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the budget r amendment as submitted, a copy of which is attached hereto. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to enter into contract with the Office of the Attorney General Child Support Enforcement Division for the payment of certain fees. House Bill No. 202 enacted during the Regular Session of the 72nd Texas Legislature, permits the office of the Attorney General to pay certain fees charged by the district clerks, sheriff's Commissioners' Court meeting September 16, 1991 and constables in child support cases filed. The State will pay Sixty Six percent (66%) of the filing fees and the County will pay Thirty Three percent (33%). on motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to call a Public Hearing September 26, 1991 at 9:00 a.m. to hear commentary for and against the setting of speed limits and load limits on various county roads. The Court nest considered the request by GTE Southwest to place a road bore within the right-of-way of McCulloch Road in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Norton, seconded by Commissioner Turner, the Court voted unanimously to approve the request of GTE Southwest and authorized the installation. A copy of the request is attached hereto. The Court next considered awarding the following bids: Bid No. 91-597B - Annual Gasoline and Diesel Fuel Contract for the Road and Bridge Department Rosalie Todaro, Assistant County Auditor, recommended acceptance of the low bid submitted by Brenco Marketing Corpora- tion. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to accept the recommendation of the Assistant County Auditor and award the contract to Brenco Marketing. A copy of the bid tabulation is attached hereto. Bid No. 91-614 - Patrol Cars for the Sheriff's Department On motion by Commissioner Norton, seconded by Com- missioner Turner, the Court voted unanimously to table consideration until such time as a comparison could be made between the bid submitted by Tom Light Chevrolet in June and the current bid. The Court received, approved and ordered filed as submitted the Treasurer's report for August 1991. A copy of which is attached to and made a part of these minutes. t i w Commissioners' Court meeting September 16, 1991 The Court proceeded to consider the change of status of • the following employees. NAME Kovacevich, N. Ponzio, Debbie Chavarria, Helen Garza, R. Jr. Simpson, Harrold Allen, Rance DEPARTMENT Sheriff Office Sheriff Office J.P. Pct. 4-2 Road & Bridge Sheriff Office Sheriff Office REASON Resignation Resignation Resignation New Employee 6 Mon Increase 6 Mon Increase on motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: • 10 General Fund---------------Claims 17694 thru 18076 20 Road & Bridge--------------Claims 18241 thru 18255 22 Road & Bridge II-----------Claims 18077 thru 18079 30 Capital Projects & Improvements: Proposition I--------Claims 18080 thru------- 54 Health Department----------Claims 18102 thru 18123 61 Health & Life Ins----------Claims 18124 thru------- 72 Bail Bond Board------------Claims 18125 thru------- 90 Community Services Off-----Claims 18126 thru 18239 97 Narc. Traf. Task Force-----Claims 18240 thru------- Commissioner Sims asked about a payment of $2,332.00 to First City Master Card and a payment of $2,235.00 for a shredder for the Adult Probation Department. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. At 10:21 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 10:27 a.m. the County Judge announced the meeting open to the public. • On motion by Commissioner Sims, seconded by Commissioner Wilcox, the Court voted unanimously to authorize the request of the Sheriff to employ James McLine Mann as Deputy Sheriff at a pay group 12 step 2 position with no six (6) month step increase. On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to authorize the request of the Constable Precinct 4 to reorganize the part y~ ,s a r. >..or.-~_~,.,-.~r..xF.-~+=.-~.w..,.'a.e,~..,a.,r-..tU++-,..••.~w.r-,>...-e-..smoc.n+.w.~.~-.e,~.w..n~.,-,..ne.oR....s`w.e..r.a:woirn:n>ws.wao c_w.v:..~a~.ns.,... 1 Commissioners' Court meeting September 16, 1991 time employee positions in that department which would allow for one (1) Clerk position at 3/4 time at a salary of $9,791.00 which, is pay group 5, step 2; one (1) Deputy position at 3/4 time at a salary of $16,303.00 which is a pay group 12, step 1 and one (1) Deputy position at 1/2 time at a salary of $11,303.00 which is a pay group 12, step 1. This action also removes one 1/2 time Clerk position. Approval was granted with the condition that the part time employees would not be eligible to participate in the group insurance plan nor in the retirement plan. They would, however, accrue vacation and sick leave. There being no further business to come before the Court, the meeting was adjourned. VCA'. PAG 2/ `f ti i a The foregoing minutes have been examined and approved in open 4 Court this the ~c+• day of t f 1~ 1917 in Bryan, Brazos County, Texas. Holmgreen Cary on County Judge Commi oner, Precinct 1 Walter Wilcox Randy s' s Commissioner, Precinct 2 Commi ioner, Precinct 3 Milton Turner May Ann Ward Commissioner, Precinct 4 County Clerk BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1991 BUDGET YEAR NO. 91-024 On this the 16th day of September 1991 at a special meeting of the Commissioners' Court, the following members were present: R. J. Holmgreen, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; Walter Wilcox, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Milton Turner, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on September 16, 1991, the Court heard and approved a budget amendment for the 1991 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted October 1, 1990, the following amendment(s)-to the original are hereby authorized, as described on the attached 1 page(s). ADOPTED AND APPROVED this the 16th day of September 1991 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: R. J. Holmgreen, County Judge k { i I Original:' County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File • I x° r. z n' r, r- r Budget Amend. No, 91-024: 09-16-91, r DEPT. ACCOUNT # ACCOUNT NAME INCREASE (DECREASE) REASON - 272nd 10-17-5515 Visiting Court Reporters (110) Reallocate Dist. Ct. 10-17-6215 Computer Software 110 funds NO INC. TO DEPT SUDGET '0 NOINCREASE TO GFBUDGf...',': 1 a, i - :m-.rte...., ~.no•a,>.....~..... ~b COOPERATIVE AGREEMENT FOR TITLE IV-D PROGRAM BETWEEN THE OFFICE OF THE ATTORNEY GENERAL STATE OF TEXAS AND BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF BRAZOS SECTION L PARTIES This agreement is made and entered into by and between the Office of the Attorney General of the State of Texas, hereinafter referred to as "Attorney GeneraP, and the County of BRAZOS, Texas, hereinafter referred to as'Couny. The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to performance and accomplishment of the tasks hereinafter described. SECTION 2. AGREEMENT PERIOD This agreement shall commence September 1, 1991, and shall terminate August 31, 1993, unless terminated at an earlier date pursuant to the provisions of Section 10 of this agreement SECTION 3. AUTHORITY AND REPRESENTATIONS Attorney General, as the state agency designated by Chapter 76 of the Texas Human Resources Code to administer a statewide plan for child support enforcement in compliance with Tile IV, Part D, of the federal Social Security Act of 1935, as amended, hereinafter referred to as Title IV-D', and the regulations promulgated thereunder, seeks to obtain the performances contemplated of County by this agreement as a means of meeting certain requirements of federal and state law pertaining to the administration of such child support enforcement program. County may be required by state law to provide services and performances in a suit affecting the parent-child relationship under Title IV-D, TEX. FAM. CODE ANN. Title 2 (Vernon 1990) including a suit to establish paternity, a suit to establish a child support obligation, a motion to enforce or modify a decree, or a notice of child support delinquency, or in a suit under TEX. FAM. CODE ANN. Ch. 21 (Vernon 1990), and may be partially reimbursed for such services as provided in House Bill 202, Regular Session, 72ad legislature, hereinafter referred to as 'H.B. 202'. SECTION 4. PERFORMANCE STANDARDS The performances called for in this agreement shall be rendered strictly in accordance with the applicable provisions of Tide IV-D and the rules and regulations of the United States Department of Health and Human Services, hereinafter referred to as 'DHHS'. Such provisions include, but are not limited to, Part 300 of Title 45 of the Code of Federal Regulations and other applicable federal regulations relating to the child support program. In accordance with 45 CFR 303.107, standards of performance must meet federal requirements, and are those specified by this agreement and in H.B. 202, which enumerate the performances County is to provide in return for the payment of fees by Attorney General to the extent specified by H.B. 202 and federal law. Financial arrangements include budget estimates, which have been made on a statewide basis for agreements of this type by the Attorney General; covered expenditures, which are specified by H.B. 202; and methods of determining charges and procedures for billing which are specified by Subsection C of Section 6 and other provisions of this agreement together with the forms and instructions provided hereunder. The beginning and ending dates of this agreement, conditions for revision or renewal and termination provisions are set forth herein. r~ Payments for services purchased by the Attorney General from County under this agreement must be in accordance with rates of payment which do not exceed the amounts reasonable and necessary to assure the quality of such services and the charges reasonably assignable to such services. The charges or amounts set forth in H.B. 202 represent less than, or no more than, the actual coats expended by the County in performing services for which the Attorney General is liable under this agreement. In no event shall County charges exceed actual costs of performances required pursuant to H.B. 202 and this agreemenL i I t a SECTION 5. COUNTY PERFORMANCE A. GENERAL - . County shall carry out certain duties provided by state law regarding the filing. service of process and the issuance of subpoenas, writs and orders in actions filed in conducting a statewide program of child support enforcement pursuant to Title IV-D. County shall provide Attorney General all the performances for which fees are listed in TEX. GOVT. CODE ANN., Section 51 (Vernon 1990). B. ENUMERATED FUNCTIONS County shall provide such performances as may be necessary and appropriate to fulfill its obligations pursuant to Subsection A of this Section 5 including. but not limited to, the following enumerated functions: 1. filing and protesting actions in suits affecting the parent-child relationship (SAPCR) under Title 2, Texas Family Code, including a suit to establish paternity, a motion to enforce or modify a decree or a notice of child support delinquency, and a suit under Chapter 21, Texas Family Code; and 2. the issuance of service of process; and 3. the issuance of writs, orders and subpoenas as specified in H.B. 202; and 4. filing and processing transfer cases under Section 11.06(1) of the Texas Family Code; and 5. the issuance of orders and writs of income withholding as provided by Sections 14.43 and 14.45 of the Texas Family Code. J • 7 • SECTION 6. ATTORNEY GENERAL OBLIGATIONS (FI ANCIAL) A. MEASURE OF LIABILITY In consideration of full, satisfactory and timely performance hereunder, Attorney General shall be liable to County as specified by this Subsection, subject to the limitations set forth in Subsection C of this Section 6, and further subject to the reduction of liability for credits pursuant to Subsection B of this Section 6. 1. Attorney General shall be liable to County in an amount equal to the applicable reimbursement rate (which is sixty-six percent at the signing of this agreement) multiplied by the total permissible amount of charges as specified by Section 5 of H.B. 202 for services or performances provided by County, such charges representing no more than the actual costs incurred by County in performing Title IV-D services payable under H.B. 202 2 Attorney General shall be liable to County in an amount equal to the state share of the charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of this Subsection. (It is noted that this Paragraph 2 will not operate to create additional liability on the part of the Attorney General until appropriations in addition to those in effect on the beginning date of this agreement have been made.) 3. The term, 'applicable reimbursement rate, shall mean that fractional proportion of allowable child support enforcement program charges for which the federal Office of Child Support Enforcement may and will make payment as federal financial participation (FFP) une±:r federal law and regulations regarding the administration of the child support enforcement program. 4. The term, 'state share, means the difference between the total pennissibIe charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of this Subsection and the liability of Attorney General pursuant to Paragraph 1 of this SWxccdm B. CREDITS L if the County recovers direct payments from obligors specifically for services or performances rendered in a Tick IV-D child support can and for which Attorney General is liable or has made payment hereunder, then County shall aedit such amounts to Attorney General on the billing to the Attorney General for the -oath during which such recovery Page 2 of 6 Pages i t i is made. All such credits shall be described and documented as Attorney General may reasonably require, Except as further provided by this Paragraph, County shall either, at its option: a) reduce the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6 by the amount of such credits; or b) refund to Attorney General that amount of such credits for which the Attorney General is liable pursuant to Subsection A of this Section 6 or has made payment pursuant to Subsection D of this Section 6. In the event that the total of such credits exceeds the total permissible charges by which the applicable reimbursement rate is multiplied pursuant to Paragraph 1 of Subsection A of this Section 6, County shall refund to Attorney General that amount of such excess credits for which Attorney General has made, or is in the process of making, payment pursuant to Subsection D of this Section 6. 2 County is not required to credit sums pursuant to Paragraph 1 of this Subsection B recovered from obligors for charges or fees for which Attorney General is not liable hereunder. C. LIMITATIONS ON LIABILITY 1. It is expressly understood and agreed by the parties hereto that any and all of Attorney General's obligations hereunder are contingent upon the existence of a State Plan for child support enforcement approved by the federal Office of Child Support Enforcement providing for the statewide program of child support enforcement and upon a valid state appropriation statute. In the event that such a State Plan should lapse or otherwise terminate, Attorney General shall notify County within ten (10) days of such fact in writing and Attorney General shall not be liable hereunder subsequent to County's receipt of such written notification, except that Attorney General shall be liable to County for any expenses incurred pursuant to this agreement for which Attorney General receives money from the federal Office of Child Support Enforcement. 2 Attorney General shall be liable pursuant to Subsection A of this Section 6 only for charges and fees becoming due after commencement of this agreement and before termination of this agreement. 3. Attorney General shall not be liable for any charges pursuant to Subsection A of this Section 6 incurred by County of a type not described by, or in excess of, the amounts specified by Section S of H.B. 202 4. Attorney General shall not be required to pay any charges incurred for performances rendered unless such charges are incurred and such performances are rendered strictly in accordance with the terms of this agreement. County must certify that payments for performances do not exceed the reasonable and necessary expenditures assignable to such performances. 5. Attorney General shall not be liable for any County charges pursuant to Subsection A of this Section 6 billed by County which are submitted more than ninety (90) days following the end of the calendar month in which such charges became due. 6. The Attorney General is liable to County pursuant to Paragraph 1 of Subsection A of this Section 6 for any charge only to the extent that the FFP is received by the Attorney General, and if an amount is paid by the Attorney General and that amount is disallowed by the federal government or the FFP is not otherwise received, the District Clerk, Sheriff or Constable to whom the payment was made shall return the amount to the Attorney General not later than the 30th day after the date on which notice to do so is given by Attorney General to County. 7. Attorney General shall be liable to County hereunder only to the extent that an appropriation or appropriations have been made to Attorney General expressly, specifically and exclusively for the purpose of meeting Attorney General's obligations to counties pursuant to Section S of HB. 202 (It is noted that on the beginning date of this agreement an appropriation is made by Section 9 of HB. 202 from which Attorney General may pay liabilities arising pursuant to Paragraph 1 of Subsection A of this Section 6, but no appropriation has been made from which Attorney General may pay any amounts pursuant to Paragraph 2 of Subsection A of this Section 6.) D. METHOD OF PAYMENT L Except as further provided by this Paragraph, for each calendar month during the period of performance of this agreement, County shall bill Attorney General for liabilities of Attorney General not previously billed by County and unpaid by Attorney General which have accrued pursuant to this Section. County shall bill Attorney General in the Page 3 of 6 Pages Vio 4---- - - - - -~Z~ t it r i fi l ' manner and on the forma specified by Attorney General and shall provide such information and documentation as • ' Attorney General may reasonably require The billing otherwise required by this Paragraph shall not be required for ' those calendar months during which no liabilities or credits as provided by this Section 6 are applicable. 2 County shall keep records as provided by this Section 6 and Section 9 of this agreement in substantiation of such billings. 3. Attorney General agrees that billings received within fifteen (15) days after the end of the calendar month for which such billings are made shall be reviewed and either. a) returned to County for correction or further information within fifteen (I) days of receipt of such billings; or b) processed and submitted to Comptroller for payment in accordance with state procedures for issuing state payments. 4. County shall submit monthly vouchers with the accompanying processing forms attached to Attorney General. County shall furnish any other reports or information required by Attorney General or the federal government. 5. A District Clerk, Sheriff and/or Constable may submit monthly vouchers on behalf of County. 6. Notwithstanding any other provision of this agreement, it is expressly understood and agreed by the parties hereto that Attorney General may, at its sole option and in its sole discretion, offset any amounts owing to County } hereunder against any amount owing but unpaid by County to Attorney General arising from this or any other obligation between Attorney General and County. Y 7. In the event that a state appropriation from which Attorney General may pay all amounts pursuant to Paragraph 2 of Subsection A of this Section 6 does not exist (which is the case upon the beginning date of this agreement), the state share shall be met by certified public expenditure by the County through the District Clerk, Sheriff or Constable to the • extent the state share is not paid by Attorney General, and County shall certify such fad to Attorney General in such i form as may be reasonably requested. a E. EXCESS PAYMENTS County shall refund within thirty (301 days to Attorney General, any sum of money which has been paid to County which Attorney General determines has resulted in an overpayment to County. County shall be solely responsible and liable for settlement of all audit exceptions which may be taken by DHHS or by Attorney General. In the event that Attorney General makes a settlement with DHHS of audit exceptions for which County is liable or if County's expenses are not allowable under this agreement or federal regulations, County will pay to Attorney General the amounts so determined, provided that Attorney General shall give County timely notice of such exceptions Attorney General may deduct amounts payable by County to Attorney General pursuant to this Paragraph from amounts payable by Attorney General pursuant to Subsection C of this Section 6. SEC`T'ION 7. FUNDS SECURITY County shall insure that every person, who, as a part of his or her employment, receives, disburses, handles, or has access to funds collected pursuant to this agreement it covered by a bond against loss resulting from employee dishonesty. County further agrees to maintain methods of administration designed to assure that persons responsible for handling cash receipts and checks in payment for the fees for services for which Attorney General also may be charged pursuant to this agreement do not participate in accounting or operating functions, which would permit them to conceal in the t accounting records the misuse of those payments Such methods of administration shall follow generally recognized accounting standards. SECTION & COMPLIANCE WITH OTHER REQUIREMENTS County and Attorney General expressly agree they shall comply with federal and state laws and wW completely meet • obligations imposed by rules, regulations and law in carrying out the program of child support enforcement pursuant to H.B. 202; TEX. FAM. CODE, Section 14.13 (Vernon 1990, as amended) and Tula IV-D. Page 4 of 6 Pages SECTION 9. EOUAL OPPORTUNITY County agrees that no person shall on the ground of race, color, religion, set, national origin, age, handicap, political affiliation or belief be excluded from participation in, be denied the benefits of, be subjected to discrimination under or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds made available under this agreement. SECTION 10. TERMINATION, CHANGES AND AMENDMENTS A. DISCRETIONARY TERMINATION Either of the parties to this agreement shall have the right, in such partys sole discretion and at its sole option, to terminate this agreement by notifying the other party hereto in writing of such termination at least five (S) calendar days prior to the effective date of such termination. Such notice of termination shall state the effective date of such termination. B. REJECTION CHANGE Upon notification by County to Attorney General of Countys rejection of a chango pursuant to this Section 10, this agreement shall terminate without farther action by either party, such termination to be effective as of the date County sends its written rejection. C. CHANGES IN LAW Any alterations, additions or deletions to the terms of this agreement which are required by changes in state or federal law are automatically incorporated into this agreement without written amendment hereto, and shall be effective on the date designated by such state or federal law or other requirement, unless this agreement has been terminated prior to such date. D. CHANGES BY ATTORNEY GENERAL It is understood and agreed by the parties hereto that this agreement must at all times be in compliance with state and federal law, and regulations and procedures set forth by Attorney General, and that changes, interpretations and clarifications of such state and federal law and Attorney General's regulations and procedures and other requirements made by DHHS during the agreement period will have the effect of qualifying the terms of this agreement. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that this agreement may be amended in the manner provided herein. Attorney General shall have the right to propose to County amendments hereto that relate to such compliance and performance. Attorney General shall furnish County written notice of all amendments proposed pursuant to this Subsection D. Upon such notice by Attorney General to County, an amendment proposed pursuant to this Subsection D shall be deemed accepted and effective immediately upon receipt by County, unless County notifies Attorney General in writing within five (5) calendar days of such receipt of its rejection of the proposed amendment, in which case this agreement will terminate in accordance with the provisions of Subsection B of this Section 10 of this agreement. Upon County's acceptance of the proposed amendment, such amendment becomes binding upon County and Attorney General as if written in this agreement. E. CONVENTIONAL AMENDMENT Except as specifically provided otherwise by this Section 10, any alterations, additions or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by both parties to this agreement SECTION 11. NOTICE A. GENERAL Any notice required or permitted to be given under this agreement by one party to the other party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in this Section for the party to whom the notice is given, or on the date of certified receipt following mailing if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the address hereinafter specified. Page 5 of 6 Pages 1 t • 3 B. ATTORNEY GENERAL ADDRESS L All monthly vouchers with IV-D Child Support Court Costa Processing Forma attached, or forma previously approved by Attorney General, shall be mailed to the Office of the Attorney General, Child Support Enforcement Divisi litigation, P.O. Boa 12017, Austin, Texas 78711-2017, Att: Child Support Court Costa. 2. Notices for early termination or for any purpose not specifically provided herein shall be mailed to General Counsel of Child Support Enforcement Division, Office of the Attorney General, P.O. Box 12017, Austin, Texas 78711- 2017, Att.: Court Costa Agreement. C. COUNTY ADDRESS The address of County for all purposes under this agreement and for all notices hereunder shall be: THE HONORABLE RICHARD J. HOLMGREEN COUNTY JUDGE COURTHOUSE BRYAN, TX 77803 D. ADDRESS CHANGES Either party may change the address to which notice is mailed herew ader by providing written notice of such change to the other parry. The change of address shall become effective for purposes of this Section upon receipt of such notice by such other party. SECTION 11 VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Tetra. The venue of any suit brought for any breach of this agreement is feed in any taut of competent jurisdiction in Travis County, Texas, and all payments shall be due and payable in Travis County. WITNESS OUR HANDS EFFECI I/E THE FIRST DAY OF SEPTEMBER, 1991. ss a THE HONORABLE DAN MORALES ATTORNEY GENERAL OF THE STATE OF TEXAS by. I R DEPUTT ATTORNEY GENERAL BRAZOS COUNTY STATE OF TEXAS I'by: v THE O HOVORABLE RICH#XRD J. HO BEEN OOUNTY JUDGE Page 6 o(6 Pages l I~ I BID TABULATION 91-5978 ANNUAL GASOLINE AND DIESEL FUEL CONTRACT bctober 15, 1991 - October 15, 1992 PREMIUM UNLEADED^ DIESEL FUEL NETPRVCE CAlI1V1YPPoCE~ 0lFFFIiBVCE^ MErPRICE COUKfYPRICE DIFFERME Brenco Marketing Corp. $0.7740 $0.7840 $0.0100 $0.6215 $0.6315 $0.0100 Bryan Producers Cooperative Assn $0.7650 $0.7850 $0.0200 $0.6150 $0.6350 $0,0200 Bryan With regard to Item #19 (firm prices), PCA annot gaurantee rm prices on fuel or 30 calendar da s The Association will guarantee a constant argin for the enter contract period, Meth any increases or decreases in rack pric es being passed long to the Count . RAM Oil Corporation Not a valid bid San Antonio K D. Timmons Inc. $0.7700 $0.8019 $0.0319 $0.6215 $0.6494 $0.0275 Bryan H & M Wholesale Inc. $0.7800 $0.8150 $0.0350 $0.6250 $0.6600 $0.0350 Bryan Brazos Oil Company $0.7800 $0.7950 $0.0150 $0.6250 $0.6400 $00150 Bryan Louis Dreyfus Energy Corp. $0.7927 $0.8777 $0.0850 $0.6321 $0.7171 $0.0850 Belair, MD. Tank Wagon Prices Prepared September 5,1991 Brazos County Auditor 1 i i c F 4 I i t E. ry 1 ~J 1 L ~ t t I ` 4 1 ~ J • MC 600647 ED-135 (REV.1.66) GTE Southwest NOTICE OF COMMUNICATION Incorporated LINE INSTALLATION DATE August 30, 1991 TO THE COMMISSIONER'S COURT OF Brazos COUNTY ATTENTION COUNTY JUDGE: Formal notice is hereby given that GTE SOUTHWEST INCORPORATED will construct a communication line within the right-of-way of a County Road in Rra7nc County, Texas as follows: • Going East on McCulloch Rd. from the intersection of Wellborn Road approximately 500', we propose to bore a 2x19 drop across McCulloch Road to provide telephone service to Debbie McGary on Service Order 1106937. The location and description of this line and associated appurtenances is more fully shown b9our (4) copes of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that tender of this notice by the GTE Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or proviSi&is so construed shall be null and void. Construction of this line will begin on or after August 30 19-91- 0 GTE SOUTHWEST INCO PORATED By OV Alan Colley Senior Engineer Address P- 0. Rnx 31SA Aryan. Texan 77AOS I - - s _ _ - -T"-T • ^•_r-rte..-. ~ . ~ J ~ ~ f` r IL fi I ro- I.z J r G J'~ SN~~ ~~9' ~pt 11G w i rN -4 .SEAL tc T sW.,,el.7Y 0,0 ,il.2fNSl71 { L- 3Do Fm 2.154 J 1 NC 600664 ' EO.1721REV 1 661 1 „1KI, Southwest TAX COT KNONO.v DATE DVIDE SEA IC E ,,8T CRAWN BY P-30' } A/RVOV[D MY OATU - 3 - 9/ ~Li'~..1~ s1t~RT • a MO. { W.A. R6:Vmw 6r a► Of 1 I ~ v V • 0 AUGUST 1991 TREASURER'S REPORT FUND NAMB FUND BALANCE INCD!lM TOTAL DISBURSED FUND BALANCE ZVFSTED BAL.13i ACCT. 07/31/91 08/31/91 08/31/91 GENERAL FUND 7,536,240.49 903,588.75 6,439,829.24 1,125,095.83 7,314,733.41 6,1%,576.74 1,118,156.67 ROAD & BRIDGE GENERAL 2,098,112.41 57,365.82 2,155,478.23 196,471.89 1,959,006.34 1,920,000.00 39,006.34 BOONVILLE CEMETERY 16,582.24 69.77 16,652.01 223.45 16,428.56 0.00 16,428.56 ROAD 6 BRIDGE r2 658,208.21 15,673.01 673,881.22 16,878.77 657,002.45 632,000.00 25,002.45 C.O. FUNDS 1,344,410.39 5,158.85 1,349,569.24 41,675.63 1,307,893.61 1,265,000.CO 42,893.61 C.O.DEBT SERVICE 551,374.52 2,534.84 553,909.36 0.00 553,909.36 553,000.00 909.36 PERM.IKPV.DEBT SVC. 956,093.35 9,991.09 966,084.44 248,433.00 717,651.44 717,000.00 651.44 ROAD 6 BRIDGE DEBT SVC. 114,835.29 512.63 115,347.92 0.00 115,347.92 115,000.00 347.92 CAPITAL PROJECTS 1,111,760.92 5,532.78 1,117,293.70 3,964.03 1,113,329.67 1,100,000.09 13,329.67 STATE LATERAL ROAD 256,569.26 100,153.66 356,722.92 85,947.02 270,775.90 230,000.00 40,775.90 LAW LIBRARY 7,016.95 1,118.39 8,135.34 180.80 7,954.54 0.00 7,954.54 OIL Q GAS FUND 24,013.89 2,058.82 26,072.71 26,072.71 0.00 0.00 0.00 OMNIBUS CRIME CONTROL 433.49 11,759.49 12,192.98 145.99 12,046.99 0.00 12,046.99 APPELLATE JUDICIAL SYST. 6,870.05 635.08 7,505.13 0.00 7,505.13 0.00 7,505.13 HEALTH DEPARTMENT 36,505.72 41,131.48 77,637.20 37,622.79 40,014.41 0.00 40,014.41 FOSTER CARE FUND 97,508.88 26,611.53 124,120.41 74,120.41 50,000.00 50,000.00 0.00 HEALTH & LIFE INSURANCE 460,498.53 28,762.71 489,261.24 73,464.92 415,796.32 0.00 415,7%.32 INDIGENT HEALTH CARE 78,779.69 0.00 78,779.69 78,779.69 0.00 0.00 0.00 TOTAL 15,355,814.28 1,212,658.70 16,568,472.98 2,009,076.93 14,559,396.05 12,778,576.74 1,780,819.31 r .